CONSOLIDATED CASES BLE 1

8/9/2019 CONSOLIDATED CASES BLE 1

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A.M. No. RTJ-09-2200 April 2, 2014

(formerly OCA I.P.I. No. 08-2834-RTJ

ANTONIO M. !OR"N#ANA,Complainant,vs.

J$%&" MA. C"CI!IA I. A$'TRIA, Reio)*l Tri*l Co+r, r*)/ 2, **)*

Ciy,Respondent.

D E C I S I O N

RION,J.:

We resolve in this Decision the administrative complaints1fled by ntonio !. "oren#ana$complainant% a&ainst '(d&e !a. Cecilia I. (stria $respondent%, Re&ional )rial Co(rt $R)C%,*ranch +, *atan&as City.

)he records sho that the administrative complaints arose -rom the case In the !atter o-

the /etition to have Steel Corporation o- the /hilippines /laced (nder CorporateRehabilitation ith /rayer -or the pproval o- the /roposed Rehabilitation /lan, doc0eted asS/. /roc. No. 234556, here the respondent as the presidin& 7(d&e. )he complainant asthe E8ec(tive 9ice /resident and Chie- Operatin& O:cer o- Steel Corporation o- the/hilippines $SC/%, a company then (nder rehabilitation proceedin&s.

i. Complaint

In his verifed complaint dated 'an(ary +1, +;, the complainant alle&ed that in the co(rseo- S/. /roc. No. 234556, the respondent committed


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;. When re(ested to cond(ct an evidentiary meetin& and to iss(e a s(bpoena $sothat SC/ co(ld con-ront E/CI*@s itnesses to prove the alle&ation that there as aneed -or the creation o- a mana&ement committee%, the respondent denied SC/@sre(ests and delayed the iss(ance o- the order (ntil the last min(te.

5. t the hearin& o- September 1, +4, the respondent intimidated SC/@s co(nsel,tty. >erdinand )opacioB bloc0ed his every attempt to spea0B re-(sed to reco&ni#e hisappearances in co(rtB and made condescendin& and snide remar0s.

1. )he respondent -ailed to observe the re&lementary period prescribed by theInterim R(les o- /roced(re on Corporate Rehabilitation $R(les%. She approved therehabilitation plan beyond the 1; days &iven to her in the R(les, itho(t as0in& -orpermission to e8tend the period -rom the S(preme Co(rt $SC%.

11. )he respondent erroneo(sly interpreted and applied Section +6, R(le o- theR(les $the co(rt@s poer to approve the rehabilitation plan% to incl(de the poer toamend, modi-y and alter it.

1+. )he respondent too0 a personal interest and commitment to decide the matter inE/CI*@s -avor and made comments and r(lin&s in the proceedin&s that raisedconcerns re&ardin& her impartiality.

16. )he respondent adamantly re-(sed to inhibit hersel- and shoed special interestand personal involvement in the case.

ii. Supplemental Complaint

)he complainant li0eise fled a s(pplemental complaint6dated pril 1, +; here he

alle&ed that the respondent committed an act o- impropriety hen she displayed herphoto&raphs in a social netor0in& ebsite called >riendster and posted her personaldetails as an R)C '(d&e, alle&edly -or the p(rpose o- fndin& a compatible partner. She alsoposed ith her (pper body barely covered by a shal, alle&edly s(&&estin& that nothin& asorn (nderneath e8cept probably a brassiere.

)he O:ce o- the Co(rt dministrator $OC% in its 1st Indorsementdated !arch 1;, +;,re-erred the complaints to the respondent -or comment.

a. Comment to 'an(ary +1, +; Complaint

)he respondent vehemently denied the alle&ations a&ainst her. While she admitted that shecra-ted a or0able, -easible rehabilitation plan best s(ited -or SC/, she maintained that shedid so only to render -airness and e(ity to all the parties to the rehabilitation proceedin&s.She also s(bmitted that i- indeed she erred in modi-yin& the rehabilitation plan, hers as amere error o- 7(d&ment that does not call -or an administrative disciplinary action.ccordin&ly, she claimed that the administrative complaints ere premat(re beca(se7(dicial remedies ere still available.F

)he respondent also ar&(ed that the r(les do not prohibit in-ormal meetin&s andcon-erences. On the contrary, she ar&(ed that in-ormal meetin&s are even enco(ra&ed invie o- the s(mmary and non3adversarial nat(re o- rehabilitation proceedin&s. Since Section+1, R(le o- the R(les2&ives the rehabilitation receiver the poer to meet ith the

creditors, then there is all the more reason -or the rehabilitation 7(d&e, ho has the a(thorityto approve the plan, to call and hold meetin&s ith the parties. She also pointed o(t that itas SC/ hich s(&&ested that in-ormal meetin&s be called and that she only a&reed to holdthese meetin&s on the condition that all the parties o(ld attend.

s to her alle&ed -ail(re to observe the re&lementary period, she contended that sheapproved the rehabilitation plan ithin the period prescribed by la. She ar&(ed that thematter o- &rantin& e8tension o- time (nder Section 11, R(le o- the R(les4pertains not tothe SC, b(t to the rehabilitation co(rt.

)he respondent li0eise re-(ted the alle&ations o- bias and partiality. >irst, she claimed that

her denial o- the complainant@s motion -or inhibition as not d(e to any bias or pre7(dice onher part b(t d(e to lac0 o- basis. Second, she ar&(ed that her decision as not orchestrated
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to -avor E/CI*, as evidenced by the -act that E/CI/ itsel- $as some other creditors did%promptly appealed her decision to the Co(rt o- ppeals $C%. )hird, she did not remove tty.riendster acco(nt constit(ted acts o-impropriety, in violation o- R(les +.1,11+.+1+and +.6,16Canon + o- the Code o- '(dicialCond(ct.

In a Resol(tion1dated September 5, +5, the Co(rt re3doc0eted the complaints as re&(laradministrative matters, and re-erred them to the C -or investi&ation, report andrecommendation.

)he C@s Report and Recommendation

On November 16, +5, '(stice !arlene


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)he -ore&oin& notithstandin&, '(stice ail(re on thisre&ard amo(nts to a cond(ct (nbecomin& o- a 7(d&e, -or hich '(d&e (stria sho(ld be heldliable.12

On the respondent@s >riendster acco(nt, she believes that her act o- maintainin& a personalsocial netor0in& acco(nt $displayin& photos o- hersel- and disclosin& personal details as a

ma&istrate in the acco(nt% J even d(rin& these chan&in& times hen social netor0in&ebsites seem to be the trend J constit(tes an act o- impropriety hich cannot be le&ally7(stifed by the p(blic@s acceptance o- this type o- cond(ct. She e8plained that propriety andthe appearance o- propriety are essential to the per-ormance o- all the activities o- a 7(d&eand that 7(d&es shall cond(ct themselves in a manner consistent ith the di&nity o- the7(dicial o:ce.

>inally, '(stice


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action. On the other hand, on alle&ations o- cond(ct (nbecomin& o- a 7(d&e, violation o- theCode o- /ro-essional Responsibility $Code%, lac0 o- circ(mspection and impropriety, the OCshared '(stice riendster acco(nt contravened the standard o- propriety set -orth by theCode.

)he Co(rt@s R(lin&

We a&ree ith the recommendation o- both '(stice


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We a&ree ith the fndin&s o- the OC that not every error or mista0e o- a 7(d&e in theper-ormance o- his o:cial d(ties renders him liable.+4 Hs a matter o- policy, in theabsence o- -ra(d, dishonesty or corr(ption, the acts o- a 7(d&e in his 7(dicial capacity are nots(b7ect to disciplinary action even tho(&h s(ch acts are erroneo(s.+;

In the present case, hat as involved as the respondent@s application o- Section +6, R(le o- the R(les, hich provides?

Sec. +6. pproval o- the Rehabilitation /lan. 3 )he co(rt may approve a rehabilitation planeven over the opposition o- creditors holdin& a ma7ority o- the total liabilities o- the debtor i-,in its 7(d&ment, the rehabilitation o- the debtor is -easible and the opposition o- the creditorsis mani-estly (nreasonable.+5

)he respondent approved the rehabilitation plan s(bmitted by tty.


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respondent@s act o- promptly orderin& the creation o- a mana&ement committee, itho(t thebeneft o- a hearin& and despite the demand -or one, as tantamo(nt to p(nishablepro-essional incompetence and &ross i&norance o- the la.

On the Groun of $ailure to Observe

the %eglementary Perio

On the respondent@s -ail(re to observe the re&lementary period prescribed by the R(les, efnd the respondent@s e8planation to be satis-actory.

Section 11, R(le o- the previo(s R(les provides?

Sec. 11. /eriod o- the Stay Order. J 888

)he petition shall be dismissed i- no rehabilitation plan is approved by the co(rt (pon thelapse o- one h(ndred ei&hty $1;% days -rom the date o- the initial hearin&. )he co(rt may&rant an e8tension beyond this period only i- it appears by convincin& and compellin&

evidence that the debtor may s(ccess-(lly be rehabilitated. In no instance, hoever, shallthe period -or approvin& or disapprovin& a rehabilitation plan e8ceed ei&hteen $1;% months-rom the date o- flin& o- the petition.64

=nder this provision, the matter o- ho o(ld &rant the e8tension beyond the 1;3dayperiod carried a &ood meas(re o- ambi&(ity as it did not indicate ith partic(larity hetherthe rehabilitation co(rt co(ld act by itsel- or hether S(preme Co(rt approval as stillre(ired. Only recently as this (ncertainty clarifed hen .!. No. 3;313SC, the +;R(les o- /roced(re on Corporate Rehabilitation, too0 eect.

Section 1+, R(le o- the R(les provides?

Section 1+. /eriod to Decide /etition. 3 )he co(rt shall decide the petition ithin one $1% year-rom the date o- flin& o- the petition, (nless the co(rt, -or &ood ca(se shon, is able tosec(re an e8tension o- the period -rom the S(preme Co(rt.6;

Since the ne R(les only too0 eect on 'an(ary 12, +5 $lon& a-ter the respondent@sapproval o- the rehabilitation plan on December 6, +4%, e fnd no basis to hold therespondent liable -or the e8tension she &ranted and -or the conse(ent delay.

On the Groun of Conuct

&nbecoming of a 'uge

On the alle&ation o- cond(ct (nbecomin& o- a 7(d&e, Section 2, Canon 2 o- the Ne Code o-'(dicial Cond(ct states that?

SEC)ION 2. '(d&es shall maintain order and decor(m in all proceedin&s be-ore the co(rt andbe patient, di&nifed and co(rteo(s in relation to liti&ants, itnesses, layers and others ithhom the 7(d&e deals in an o:cial capacity. '(d&es shall re(ire similar cond(ct o- le&alrepresentatives, co(rt sta and others s(b7ect to their inA(ence, direction or control.65

7(d&e sho(ld alays cond(ct himsel- in a manner that o(ld preserve the di&nity,independence and respect -or himsel-Lhersel-, the Co(rt and the '(diciary as a hole. Gem(st e8hibit the hallmar0 7(dicial temperament o- (tmost sobriety and sel-3restraint.Ge

sho(ld choose his ords and e8ercise more ca(tion and control in e8pressin& himsel-. Inother ords, a 7(d&e sho(ld possess the virt(e o- &ravitas.1

s held in De la Cr(# $Concerned Citi#en o- "e&a#pi City% v. '(d&e Carretas, +a 7(d&e sho(ldbe considerate, co(rteo(s and civil to all persons ho come to his co(rtB he sho(ld alays0eep his passion &(arded. Ge can never allo it to r(n loose and overcome his reason.>(rthermore, a ma&istrate sho(ld not descend to the level o- a sharp3ton&(ed, ill3manneredpetty tyrant by (tterin& harsh ords, snide remar0s and sarcastic comments.

Similarly in ttys.


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)o restate the r(le? in comm(nicatin& and sociali#in& thro(&h social netor0s, 7(d&es m(stbear in mind that hat they comm(nicate J re&ardless o- hether it is a personal matter orpart o- his or her 7(dicial d(ties J creates and contrib(tes to the people@s opinion not 7(st o-the 7(d&e b(t o- the entire '(diciary o- hich he or she is a part. )his is especially tr(e henthe posts the 7(d&e ma0es are vieable not only by his or her -amily and close -riends, b(tby ac(aintances and the &eneral p(blic.

)h(s, it may be acceptable -or the respondent to sho a pict(re o- hersel- in the attire sheore to her -amily and close -riends, b(t hen she made this pict(re available -or p(bliccons(mption, she placed hersel- in a sit(ation here she, and the stat(s she holds as a7(d&e, may be the ob7ect o- the p(blic@s criticism and ridic(le. )he nat(re o- cybercomm(nications, partic(larly its speedy and ide3scale character, renders this r(lenecessary.

We are not also (naare that the respondent@s act o- postin& her photos o(ld seemharmless and inoensive had this act been done by an ordinary member o- the p(blic. sthe visible personifcation o- la and 7(stice, hoever, 7(d&es are held to hi&her standards o-

cond(ct and th(s m(st accordin&ly comport themselves.4

)his e8actin& standard applies both to acts involvin& the 7(dicial o:ce and personalmatters.()#phi()he very nat(re o- their -(nctions re(ires behavior (nder e8actin&standards o- morality, decency and proprietyB both in the per-ormance o- their d(ties andtheir daily personal lives, they sho(ld be beyond reproach.;'(d&es necessarily accept thisstandard o- cond(ct hen they ta0e their oath o- o:ce as ma&istrates.

Imposable /enalty

=nder Section ;, R(le 1 o- the R(les o- Co(rt, as amended by .!. No. 13;313SC, &ross

i&norance o- the la or proced(re is classifed as a serio(s char&e. =nder Section 11$% o-the same R(le, a serio(s char&e merits any o- the -olloin& sanctions?

1. Dismissal -rom the service, -or-eit(re o- all or part o- the benefts as the Co(rt maydetermine, and dis(alifcation -rom reinstatement or appointment to any p(blico:ce, incl(din& &overnment3oned or controlled corporationsB provided, hoever,that the -or-eit(re o- benefts shall in no case incl(de accr(ed leave creditsB

+. S(spension -rom o:ce itho(t salary and other benefts -or more than three $6%,b(t not e8ceedin& si8 $2%, monthsB or

6. fne o- more than /+,., b(t not e8ceedin& /,..

On the other hand, cond(ct (nbecomin& o- a 7(d&e is classifed as a li&ht oense (nderSection 1, R(le 1 o- the R(les o- Co(rt. It is penali#ed (nder Section 11$C% thereo- by anyo- the -olloin&? $1% fne o- not less than/1,. b(t not e8ceedin& /1,.B $+%Cens(reB $6% ReprimandB and $ % dmonition ith arnin&.

'(d&e (striaMs record shos that she had never been administratively char&ed or -o(ndliable -or any ron&doin& in the past. Since this is her frst oense, the Co(rt fnds it -air andproper to temper the penalty -or her oenses.

WGERE>ORE, the Co(rt fnds '(d&e !a. Cecilia I. (stria &(ilty o-


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AC No. 99-34. J+)e 10, 2002

%OMINA%OR P. $R", complainant, vs. ATT. A!"RTO C. MA&$!TA, respondent.

% " C I ' I O N

PAN&ANIAN,J.5

-ter a&reein& to ta0e (p the ca(se o- a client, a layer oes fdelity to both ca(se andclient, even i- the client never paid any -ee -or the attorney3client relationship. "ayerin& isnot a b(sinessB it is a pro-ession in hich d(ty to p(blic service, not money, is the primaryconsideration.

T/e C*e

*e-ore (s is a Complaint -or the disbarment or s(spension or any other disciplinaryaction a&ainst tty. lberto C. !a&(lta. >iled by Dominador /. *(rbe ith the Commission on*ar Discipline o- the Inte&rated *ar o- the /hilippines $I*/% on '(ne 1, 1555, the Complaintis accompanied by a Sorn Statement alle&in& the -olloin&?

8 8 8 8 8 8 8 8 8

)hat in connection ith my b(siness, I as introd(ced to tty. lberto C. !a&(lta,sometime in September, 155;, in his o:ce at the Respicio, !a&(lta and dan "a O:ces at+13* Otero *(ildin&, '(an de la Cr(# St., Davao City, ho a&reed to le&ally represent me in amoney claim and possible civil case a&ainst certain parties -or breach o- contractB

)hat conse(ent to s(ch a&reement, tty. lberto C. !a&(lta prepared -or me the demandletter and some other le&al papers, -or hich services I have accordin&ly paidB inasm(ch,hoever, that I -ailed to sec(re a settlement o- the disp(te, tty. !a&(lta s(&&ested that Ifle the necessary complaint, hich he s(bse(ently dra-ted, copy o- hich is attached asnne8 , the flin& -ee hereo- ill re(ire the amo(nt o- )enty >ive )ho(sand /esos$/+F,.%B

)hat havin& the need to le&ally recover -rom the parties to be s(ed I, on 'an(ary , 1555,deposited the amo(nt o- /+F,. to tty. lberto C. !a&(lta, copy o- the Receiptattached as nne8 *, (pon the instr(ction that I needed the case fled immediatelyB

)hat a ee0 later, I as in-ormed by tty. lberto C. !a&(lta that the complaint hadalready been fled in co(rt, and that I sho(ld receive notice o- its pro&ressB


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)hat in the months that -olloed, I aited -or s(ch notice -rom the co(rt or -rom tty.!a&(lta b(t there seemed to be no pro&ress in my case, s(ch that I -re(ented his o:ce toin(ire, and he o(ld repeatedly tell me 7(st to aitB

)hat I had &ron impatient on the case, considerin& that I am told to ait Hevery time Ias0edB and in my last visit to tty. !a&(lta last !ay +F, 1555, he said that the co(rtpersonnel had not yet acted on my case and, -or my satis-action, he even bro(&ht me to theGall o- '(stice *(ildin& at Ecoland, Davao City, at abo(t ? p.m., here he le-t me at theO:ce o- the City /rosec(tor at the &ro(nd Aoor o- the b(ildin& and told to ait hile hepersonally -ollos (p the processes ith the Cler0 o- Co(rtB here(pon, ithin the ho(r, hecame bac0 and told me that the Cler0 o- Co(rt as absent on that dayB

)hat sensin& I as bein& &iven the r(n3aro(nd by tty. !a&(lta, I decided to &o to theO:ce o- the Cler0 o- Co(rt ith my dra-t o- tty. !a&(lta@s complaint to personally veri-y thepro&ress o- my case, and there told that there as no record at all o- a case fled by tty.lberto C. !a&(lta on my behal-, copy o- the Certifcation dated !ay +4, 1555, attached asnne8 CB

)hat -eelin& dis&(sted by the ay I as lied to and treated, I con-ronted tty. lberto C.!a&(lta at his o:ce the -olloin& day, !ay +;, 1555, here he contin(ed to lie to ith thee8c(se that the delay as bein& ca(sed by the co(rt personnel, and only hen shon thecertifcation did he admit that he has not at all fled the complaint beca(se he had spent themoney -or the flin& -ee -or his on p(rposeB and to appease my -eelin&s, he oered toreimb(rse me by iss(in& to $+% chec0s, postdated '(ne 1 and '(ne F, 1555, in the amo(ntso- /1+,. and /;,., respectively, copies o- hich are attached as nne8es D andEB

)hat -or the inconvenience, treatment and deception I as made to s(er, I ish to

complain tty. lberto C. !a&(lta -or misrepresentation, dishonesty and oppressivecond(ctB

8 8 8 8 8 8 8 8 8.H1

On (&(st 2, 1555, p(rs(ant to the '(ly ++, 1555 Order o- the I*/ Commission on *arDiscipline,H+respondent fled his nserH6vehemently denyin& the alle&ations o-complainant -or bein& totally o(tra&eo(s and baseless. )he latter had alle&edly beenintrod(ced as a "umpare o- one o- the -ormer@s la partners. -ter their meetin&,complainant re(ested him to dra-t a demand letter a&ainst Re&ill Ind(stries, Inc. 33 aservice -or hich the -ormer never paid. -ter !r. Said Sayre, one o- the b(siness partners o-complainant, replied to this letter, the latter re(ested that another demand letter 33 this

time addressed to the -ormer 33 be dra-ted by respondent, ho rel(ctantly a&reed to do so.Witho(t in-ormin& the layer, complainant as0ed the process server o- the -ormer@s lao:ce to deliver the letter to the addressee.

side -rom attendin& to the Re&ill case hich had re(ired a three3ho(r meetin&,respondent dra-ted a complaint $hich as only -or the p(rpose o- compellin& the oner tosettle the case% and prepared a compromise a&reement. Ge as also re(ested bycomplainant to do the -olloin&?

1. Write a demand letter addressed to !r. Nelson )an

+. Write a demand letter addressed to "C Corporation

6. Dra-t a complaint a&ainst "C Corporation

. Research on the !anda(e City property claimed by complainant@s i-e

ll o- these respondent did, b(t he as never paid -or his services by complainant.

Respondent li0eise said that itho(t tellin& him hy, complainant later on ithdre allthe fles pertinent to the Re&ill case. Goever, hen no settlement as reached, the latterinstr(cted him to dra-t a complaint -or breach o- contract. Respondent, hose services had

never been paid by complainant (ntil this time, told the latter abo(t his acceptance and
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le&al -ees. When told that these -ees amo(nted to /1;4,4+ beca(se the Re&ill claim asalmost / million, complainant promised to pay on installment basis.

On 'an(ary , 1555, complainant &ave the amo(nt o- /+F, to respondent@s secretaryand told her that it as -or the flin& -ee o- the Re&ill case. When in-ormed o- the payment,the layer immediately called the attention o- complainant, in-ormin& the latter o- the needto pay the acceptance and flin& -ees be-ore the complaint co(ld be fled. Complainant astold that the amo(nt he had paid as a deposit -or the acceptance -ee, and that he sho(ld&ive the flin& -ee later.

Sometime in >ebr(ary 1555, complainant told respondent to s(spend -or the meantimethe flin& o- the complaint beca(se the -ormer mi&ht be paid by another company, the >irstOriental /roperty 9ent(res, Inc., hich had oered to b(y a parcel o- land oned by Re&illInd(stries. )he ne&otiations ent on -or to months, b(t the parties never arrived at anya&reement.

Sometime in !ay 1555, complainant a&ain relayed to respondent his interest in flin&

the complaint. Respondent reminded him once more o- the acceptance -ee. In response,complainant proposed that the complaint be fled frst be-ore payment o- respondent@sacceptance and le&al -ees. When respondent re-(sed, complainant demanded the ret(rn o-the /+F,. )he layer ret(rned the amo(nt (sin& his on personal chec0s beca(se theirla o:ce as (nder&oin& e8tensive renovation at the time, and their o:ce personnel erenot reportin& re&(larly. Respondent@s chec0s ere accepted and encashed by complainant.

Respondent averred that he never inconvenienced, mistreated or deceived complainant,and i- anyone had been shortchan&ed by the (ndesirable events, it as he.

T/e IP6 Reomme)7*io)

In its Report and Recommendation dated !arch ;, +, the Commission on *arDiscipline o- the Inte&rated *ar o- the /hilippines $I*/% opined as -ollos?

8 8 8 HIt is evident that the /+F, deposited by complainant ith the Respicio "a O:ceas -or the flin& -ees o- the Re&ill complaint. With complainant@s deposit o- the flin& -ees-or the Re&ill complaint, a correspondin& obli&ation on the part o- respondent as createdand that as to fle the Re&ill complaint ithin the time -rame contemplated by his client,the complainant. )he -ail(re o- respondent to -(lfll this obli&ation d(e to his mis(se o- theflin& -ees deposited by complainant, and his attempts to cover (p this mis(se o- -(nds o-the client, hich ca(sed complainant additional dama&e and pre7(dice, constit(tes hi&hlydishonest cond(ct on his part, (nbecomin& a member o- the la pro-ession. )he s(bse(entreimb(rsement by the respondent o- part o- the money deposited by complainant -or flin&-ees, does not e8c(lpate the respondent -or his misappropriation o- said -(nds. )h(s, toimpress (pon the respondent the &ravity o- his oense, it is recommended that respondentbe s(spended -rom the practice o- la -or a period o- one $1% year.H

T/e Co+r6 R+li)

We a&ree ith the Commission@s recommendation.

M*i) I+e5

Misappropriation of Clients Funds

Central to this case are the -olloin& alle&ed acts o- respondent layer? $a% his non3flin&o- the Complaint on behal- o- his client and $b% his appropriation -or himsel- o- the money&iven -or the flin& -ee.

Respondent claims that complainant did not &ive him the flin& -ee -or the Re&illcomplaintB hence, the -ormer@s -ail(re to fle the complaint in co(rt. lso, respondent alle&esthat the amo(nt delivered by complainant to his o:ce on 'an(ary , 1555 as -or attorney@s-ees and not -or the flin& -ee.

We are not pers(aded. "ayers m(st e8ert their best eorts and ability in theprosec(tion or the de-ense o- the client@s ca(se. )hey ho per-orm that d(ty ith dili&ence
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and candor not only protect the interests o- the client, b(t also serve the ends o- 7(stice.)hey do honor to the bar and help maintain the respect o- the comm(nity -or the le&alpro-ession.HF!embers o- the bar m(st do nothin& that may tend to lessen in any de&ree theconfdence o- the p(blic in the fdelity, the honesty, and inte&rity o- the pro-ession.H2

Respondent ants this Co(rt to believe that no layer3client relationship e8istedbeteen him and complainant, beca(se the latter never paid him -or services rendered. )he-ormer adds that he only dra-ted the said doc(ments as a personal -avor -orthe "umpare o- one o- his partners.

We disa&ree. layer3client relationship as established -rom the very frst momentcomplainant as0ed respondent -or le&al advice re&ardin& the -ormer@s b(siness. )o constit(tepro-essional employment, it is not essential that the client employed the attorneypro-essionally on any previo(s occasion. It is not necessary that any retainer be paid,promised, or char&edB neither is it material that the attorney cons(lted did not a-terardhandle the case -or hich his service had been so(&ht.

I- a person, in respect to b(siness aairs or tro(bles o- any 0ind, cons(lts a layer itha vie to obtainin& pro-essional advice or assistance, and the attorney vol(ntarily permits orac(iesces ith the cons(ltation, then the pro-essional employment is established.H4

"i0eise, a layer3client relationship e8ists notithstandin& the close personalrelationship beteen the layer and the complainant or the nonpayment o- the [email protected];Gence, despite the -act that complainant as "umpare o- a la partner o-respondent, and that respondent dispensed le&al advice to complainant as a personal -avorto the "umpare* the layer as d(ty3bo(nd to fle the complaint he had a&reed to prepare33 and had act(ally prepared 33 at the soonest possible time, in order to protect the client@sinterest. R(le 1;.6 o- the Code o- /ro-essional Responsibility provides that layers sho(ld

not ne&lect le&al matters entr(sted to them.

)his Co(rt has li0eise constantly held that once layers a&ree to ta0e (p the ca(se o-a client, they oe fdelity to s(ch ca(se and m(st alays be mind-(l o- the tr(st andconfdence reposed in them.H5)hey oe entire devotion to the interest o- the client, arm#eal in the maintenance and the de-ense o- the client@s ri&hts, and the e8ertion o- their(tmost learnin& and abilities to the end that nothin& be ta0en or ithheld -rom the client,save by the r(les o- la le&ally applied.H1

Similarly (nconvincin& is the e8planation o- respondent that the receipt iss(ed by hiso:ce to complainant on 'an(ary , 1555 as erroneo(s. )he I*/ Report correctly noted thatit as (ite incredible -or the o:ce personnel o- a la frm to be prevailed (pon by a client

to iss(e a receipt erroneo(sly indicatin& payment -or somethin& else. !oreover, (pondiscoverin& the mista0e 33 i- indeed it as one 33 respondent sho(ld have immediatelyta0en steps to correct the error. Ge sho(ld have lost no time in callin& complainant@sattention to the matter and shoul have issue another receiptindicatin& the correctp(rpose o- the payment.

The Practice of Law -- a

Profession, ot a !usiness

In this day and a&e, members o- the bar o-ten -or&et that the practice o- la is a

pro-ession and not a b(siness.H11"ayerin& is not primarily meant to be a money3ma0in&vent(re, and la advocacy is not a capital that necessarily yields profts.H1+)he &ainin& o- alivelihood is not a pro-essional b(t a secondary consideration.H16D(ty to p(blic service andto the administration o- 7(stice sho(ld be the primary consideration o- layers, ho m(sts(bordinate their personal interests or hat they oe to themselves. )he practice o- la is anoble callin& in hich emol(ment is a byprod(ct, and the hi&hest eminence may be attaineditho(t ma0in& m(ch money.H1

In -ailin& to apply to the flin& -ee the amo(nt &iven by complainant 33 as evidenced bythe receipt iss(ed by the la o:ce o- respondent 33 the latter also violated the r(le thatlayers m(st be scr(p(lo(sly care-(l in handlin& money entr(sted to them in their

pro-essional capacity.H1F

R(le 12.1 o- the Code o- /ro-essional Responsibility states that
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layers shall hold in tr(st all moneys o- their clients and properties that may come into theirpossession.

"ayers ho convert the -(nds entr(sted to them are in &ross violation o- pro-essionalethics and are &(ilty o- betrayal o- p(blic confdence in the le&al pro-ession.H12It may be tr(ethat they have a lien (pon the client@s -(nds, doc(ments and other papers that have la-(llycome into their possessionB that they may retain them (ntil their la-(l -ees anddisb(rsements have been paidB and that they may apply s(ch -(nds to the satis-action o-s(ch -ees and disb(rsements. Goever, these considerations do not relieve them o- theird(ty to promptly acco(nt -or the moneys they received. )heir -ail(re to do so constit(tespro-essional miscond(ct.H14 In any event, they m(st still e8ert all eort to protect theirclient@s interest ithin the bo(nds o- la.

I- m(ch is demanded -rom an attorney, it is beca(se the entr(sted privile&e to practicela carries ith it correlative d(ties not only to the client b(t also to the co(rt, to the bar,and to the p(blic.H1;Respondent -ell short o- this standard hen he converted into his le&al-ees the flin& -ee entr(sted to him by his client and th(s -ailed to fle the complaint

promptly. )he -act that the -ormer ret(rned the amo(nt does not e8c(lpate him -rom hisbreach o- d(ty.

On the other hand, e do not a&ree ith complainant@s plea to disbar respondent -romthe practice o- la. )he poer to disbar m(st be e8ercised ith &reat ca(tion. Only in a clearcase o- miscond(ct that serio(sly aects the standin& and the character o- the bar illdisbarment be imposed as a penalty.H15

"R":OR", tty. lberto C. !a&(lta is -o(nd &(ilty o- violatin& R(les 12.1 and 1;.6o- the Code o- /ro-essional Responsibility and is hereby S&SP+,D+D -rom the practice o- la-or a period o- one $1% year, eective (pon his receipt o- this Decision. "et copies be

-(rnished all co(rts as ell as the O:ce o- the *ar Confdant, hich is instr(cted to incl(de acopy in respondent@s fle.

'O OR%"R"%.
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A.C. No. 3283 J+ly 13, 199;

RO%O!:O MI!!AR", petitioner,vs.ATT. "$'TA


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December 14, 15;4, the C dismissed the petition -or ann(lment or novation e8plainin& thatQ

. . . , aside -rom the relie-s provided in these to sections $Secs. 1 +, R(le6;%, there is no other means hereby the de-eated party may proc(re fnaland e8ec(tory 7(d&ment to be set aside ith a vie to the reneal o- theliti&ation, (nless $a% the 7(d&ment is void -or ant o- 7(risdiction or lac0 o- d(eprocess o- la, or $b% it has been obtained by -ra(d, . . . . here is noallegation in the present complaint to the e/ect that the 0ugments in the

former cases #ere secure through frau$%ollo, 9ol. I, p. 6FB Emphasiss(pplied%.

On 'an(ary 1F, 15;;, respondent fled an =r&ent !otion -or Reconsideration and !otion toSet !otion -or Reconsideration -or Oral r&(ments o- the C decision. )he C denied themotion. &ain, respondent re(ested the C to set his !otion >or Oral r&(ments on pril1, 15;;.

In a resol(tion dated >ebr(ary 1+, 15;;, the C denied the !otion -or Oral r&(ment and ina resol(tion dated October 1;, 15;;, denied the motion -or reconsideration o- the >ebr(ary1+ Resol(tion.

Respondent then fled a /etition -or Revie on Certiorariith this Co(rt $


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allo his client to dictate the proced(re in handlin& the case $R(le 15.6%. In short, a layeris not a &(n -or hire.

dvocacy, ithin the bo(nds o- the la, permits the attorney to (se any ar&(ableconstr(ction o- the la or r(les hich is -avorable to his client. *(t the layer is not alloedto 0noin&ly advance a claim or de-ense that is (narranted (nder e8istin& la. Ge cannotprosec(te patently -rivolo(s and meritless appeals or instit(te clearly &ro(ndless actions$nnotated Code o- /ro-essional Responsibility 61 H1545%. /ro-essional r(les impose limitson a layerMs #eal and hed&e it ith necessary restrictions and (alifcations $Wol-ram,!odern "e&al Ethics F453F;+ H15;2%.

=nder Canon 1+ o- the Code o- /ro-essional Responsibility, a layer is re(ired to e8ertevery eort and consider it his d(ty to assist in the speedy and e:cient administration o-7(stice. Implementin& said Canon are the -olloin& r(les?

R(le 1+.+. Q layer shall not fle m(ltiple actions arisin& -rom the sameca(se.

888 888 888

R(le 1+.. Q layer shall not (nd(ly delay a case, impede the e8ec(tion o-a 7(d&ment or mis(se co(rt processes.

It is (nethical -or a layer to ab(se or ron&-(lly (se the 7(dicial process, li0e the flin& o-dilatory motions, repetitio(s liti&ation and -rivolo(s appeals -or the sole p(rpose o--r(stratin& and delayin& the e8ec(tion o- a 7(d&ment $Edelstein, )he Ethics o- Dilatory!otions /ractice? )ime -or Chan&e, >ordham ". Rev. 125 H1542B Overmeyer v. >idelistaand Deposit Co., FF >. +d F65, F6 H+d Cir. 1541%.

)he ri&hts o- respondentMs client in Civil Case No. ; o- the !)C ere -(lly protected andher de-enses ere properly ventilated hen he fled the appeal -rom the !)C to the R)C. *(trespondent therea-ter resorted to devio(s and (nderhanded means to delay the e8ec(tion o-the 7(d&ment rendered by the !)C adverse to his client. )he said decision becamee8ec(tory even pendin& its appeal ith the R)C beca(se o- the -ail(re o- Co to fle as(persedeas bond and to pay the monthly rentals as they -ell d(e. >(rthermore, his petition-or ann(lment o- the decisions o- the !)C and R)C hich he fled ith the C $C3


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$1% Civil Case No. 6 Q ppeal -rom the decision rendered in Civil Case No.; o- the !(nicipal )rial Co(rt, *an&(ed, bra, ith the Re&ional )rial Co(rt,braB

$+% C3


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R"NATO CA"TANO, petitioner,vs.CRI'TIAN MON'O%, ON. JO>ITO R. 'A!ON&A, COMMI''ION ON APPOINTM"NT,

*)7 ON. &$I!!"RMO CARA&$", i) /i *p*iy * 'ere*ry of +7e *)7

M*)*eme), respondents.

%enato !. Cayetano for an in his o#n behalf.

Sabina +. Acut* 'r. an 1ylene Garcia8Albano co8counsel for petitioner.

PARA',J.:p

We are -aced here ith a controversy o- -ar3reachin& proportions. While ostensibly only le&aliss(es are involved, the Co(rtMs decision in this case o(ld ind(bitably have a pro-o(ndeect on the political aspect o- o(r national e8istence.

)he 15;4 Constit(tion provides in Section 1 $1%, rticle I3C?

)here shall be a Commission on Elections composed o- a Chairman and si8Commissioners ho shall be nat(ral3born citi#ens o- the /hilippines and, atthe time o- their appointment, at least thirty3fve years o- a&e, holders o- acolle&e de&ree, and m(st not have been candidates -or any elective positionin the immediately precedin& 3elections. Goever, a ma7ority thereo-,incl(din& the Chairman, shall be members o- the /hilippine *ar ho havebeen en&a&ed in the practice o- la -or at least ten years. $Emphasis s(pplied%

)he a-ore(oted provision is patterned a-ter Section l$l%, rticle II3C o- the 1546Constit(tion hich similarly provides?

)here shall be an independent Commission on Elections composed o- a Chairman and ei&htCommissioners ho shall be nat(ral3born citi#ens o- the /hilippines and, at the time o- theirappointment, at least thirty3fve years o- a&e and holders o- a colle&e de&ree. Goever, ama7ority thereo-, incl(din& the Chairman, shall be members o- the /hilippine *ar #ho havebeen engage in the practice of la# for at least ten years.M $Emphasis s(pplied%

Re&rettably, hoever, there seems to be no 7(rispr(dence as to hat constit(tes practice o-la as a le&al (alifcation to an appointive o:ce.

*lac0 defnes practice o- la as?

)he rendition o- services re(irin& the 0noled&e and the application o- le&alprinciples and techni(e to serve the interest o- another ith his consent. It isnot limited to appearin& in co(rt, or advisin& and assistin& in the cond(ct o-liti&ation, b(t embraces the preparation o- pleadin&s, and other papersincident to actions and special proceedin&s, conveyancin&, the preparation o-le&al instr(ments o- all 0inds, and the &ivin& o- all le&al advice to clients. Itembraces all advice to clients and all actions ta0en -or them in mattersconnected ith the la. n attorney en&a&es in the practice o- la bymaintainin& an o:ce here he is held o(t to be3an attorney, (sin& a

letterhead describin& himsel- as an attorney, co(nselin& clients in le&almatters, ne&otiatin& ith opposin& co(nsel abo(t pendin& liti&ation, andf8in& and collectin& -ees -or services rendered by his associate. $Blac"4s !a#Dictionary, 6rd ed.%

)he practice o- la is not limited to the cond(ct o- cases in co(rt. $!an itle Abstract anrust Co. v. D#or"en*1+5 Ohio St. +6, 156 N.E. 2F% person is also considered to be in thepractice o- la hen he?

... -or val(able consideration en&a&es in the b(siness o- advisin& person,frms, associations or corporations as to their ri&hts (nder the la, or appears

in a representative capacity as an advocate in proceedin&s pendin& orprospective, be-ore any co(rt, commissioner, re-eree, board, body, committee,


20/168

or commission constit(ted by la or a(thori#ed to settle controversies andthere, in s(ch representative capacity per-orms any act or acts -or thep(rpose o- obtainin& or de-endin& the ri&hts o- their clients (nder the la.Otherise stated, one ho, in a representative capacity, en&a&es in theb(siness o- advisin& clients as to their ri&hts (nder the la, or hile soen&a&ed per-orms any act or acts either in co(rt or o(tside o- co(rt -or thatp(rpose, is en&a&ed in the practice o- la. $State e6. rel. 1c"ittric" v..C.S.Duley an Co.*1+ S.W. +d ;5F, 6 !o. ;F+%

)his Co(rt in the case o- Philippine !a#yers Association v.Agrava* $1F /hil. 146,1423144%stated?

he practice of la#is not limited to the cond(ct o- cases or litigation in courtBit embraces the preparation o- pleadin&s and other papers incident to actionsand special proceedin&s, the mana&ement o- s(ch actions and proceedin&s onbehal- o- clients be-ore 7(d&es and co(rts, and in addition, conveyin&. In&eneral, all avice to clients, and all action ta0en -or them in

mattersconnecte #ith the la#incorporation services, assessment andcondemnation services contemplatin& an appearance be-ore a 7(dicial body,the -oreclos(re o- a mort&a&e, en-orcement o- a creditorMs claim in ban0r(ptcyand insolvency proceedin&s, and cond(ctin& proceedin&s in attachment, andin matters o- estate and &(ardianship have been held to constit(te lapractice, as do the preparation and dra-tin& o- le&al instr(ments, #here the#or" one involves the etermination by the traine legal min of the legal

e/ect of facts an conitions. $F m. 'r. p. +2+, +26%. $Emphasis s(pplied%

Practice of la#(nder modem conditions consists in no small part o- or0per-ormed o(tside o- any co(rt and havin& no immediate relation to

proceedin&s in co(rt. It embraces conveyancin&, the &ivin& o- le&al advice ona lar&e variety o- s(b7ects, and the preparation and e8ec(tion o- le&alinstr(ments coverin& an e8tensive feld o- b(siness and tr(st relations andother aairs.Although these transactions may have no irect connection #ithcourt proceeings* they are al#ays sub0ect to become involve in litigation.)hey re(ire in many aspects a hi&h de&ree o- le&al s0ill, a ide e8perienceith men and aairs, and &reat capacity -or adaptation to di:c(lt andcomple8 sit(ations. )hese c(stomary -(nctions o- an attorney or co(nselor atla bear an intimate relation to the administration o- 7(stice by the co(rts. Novalid distinction, so -ar as concerns the (estion set -orth in the order, can bedran beteen that part o- the or0 o- the layer hich involves appearancein co(rt and that part hich involves advice and dra-tin& o- instr(ments in his

o:ce. It is o- importance to the el-are o- the p(blic that these mani-oldc(stomary -(nctions be per-ormed by persons possessed o- ade(ate learnin&and s0ill, o- so(nd moral character, and actin& at all times (nder the heavytr(st obli&ations to clients hich rests (pon all attorneys. $!oran, Commentson the %ules of Court, 9ol. 6 H15F6 ed. , p. 22F3222, citin& In re Opinion of the

'usticesH!ass., 15 N.E. 616, (oted in %hoe Is. Bar Assoc. v. AutomobileService Assoc. HR.I. 145 . 165,1%. $Emphasis o(rs%

)he =niversity o- the /hilippines "a Center in cond(ctin& orientation briefn& -or nelayers $1543154F% listed the dimensions o- the practice o- la in even broader terms asadvocacy, co(nsellin& and p(blic service.

One may be a practicin& attorney in -olloin& any line o- employment in thepro-ession. I- hat he does e8acts 0noled&e o- the la and is o- a 0ind (s(al-or attorneys en&a&in& in the active practice o- their pro-ession, and he-ollos some one or more lines o- employment s(ch as this he is a practicin&attorney at la ithin the meanin& o- the stat(te. $Barr v. Carell, 1FF NW61+%

/ractice o- la means any activity, in or o(t o- co(rt, hich re(ires the application o- la,le&al proced(re, 0noled&e, trainin& and e8perience. )o en&a&e in the practice o- la is toper-orm those acts hich are characteristics o- the pro-ession.


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)he -olloin& records o- the 15;2 Constit(tional Commission sho that it has adopted aliberal interpretation o- the term practice o- la.

!R. >OT. *e-ore e s(spend the session, may I ma0e amani-estation hich I -or&ot to do d(rin& o(r revie o- theprovisions on the Commission on (dit. !ay I be alloed toma0e a very brie- statementU

)GE /RESIDIN< O>>ICER $!r. 'amir%.

)he Commissioner ill please proceed.

!R. >OT. his has to o #ith the -uali3cations of the membersof the Commission on Auit. Among others* the -uali3cations

provie for by Section I is that 9hey must be 1embers of the

Philippine Bar9 : I am -uoting from the provision : 9#ho have

been engage in the practice of la# for at least ten years9.

)o avoid any mis(nderstandin& hich o(ld res(lt in e8cl(din& members o-the *ar ho are no employed in the CO or Commission on (dit, #e #oulli"e to ma"e the clari3cation that this provision on -uali3cations regaring

members of the Bar oes not necessarily refer or involve actual practice of

la# outsie the COA e have to interpret this to mean that as long as the

la#yers #ho are employe in the COA are using their legal "no#lege or legal

talent in their respective #or" #ithin COA* then they are -uali3e to be

consiere for appointment as members or commissioners* even chairman* of

the Commission on Auit.

)his has been disc(ssed by the Committee on Constit(tional Commissions and&encies and e deem it important to ta0e it (p on the Aoor so that thisinterpretation may be made available henever this provision on the(alifcations as re&ards members o- the /hilippine *ar en&a&in& in thepractice o- la -or at least ten years is ta0en (p.

!R. O/"E. Will Commissioner >o# yield to 7(st one (estion.

!R. >OT. Kes, !r. /residin& O:cer.

!R. O/"E. Is he* in e/ect* saying that service in the COA by ala#yer is e-uivalent to the re-uirement of a la# practice that is

set forth in the Article on the Commission on AuitOT. e must consier the fact that the #or" of COA*although it is auiting* #ill necessarily involve legal #or"; it #ill

involve legal #or". An* therefore* la#yers #ho are employe in

COA no# #oul have the necessary -uali3cations in accorance

#ith the Provision on -uali3cations uner our provisions on the

Commission on Auit. An* therefore* the ans#er is yes.

!R. O/"E. Kes. So that the constr(ction &iven to this is that thisis e(ivalent to the practice o- la.

!R. >OT. =es* 1r. Presiing O>cer.

!R. O/"E.han" you.

... $ Emphasis s(pplied%

Section 1$1%, rticle I3D o- the 15;4 Constit(tion, provides, amon& others, that theChairman and to Commissioners o- the Commission on (dit $CO% sho(ld either becertifed p(blic acco(ntants ith not less than ten years o- a(ditin& practice, or members o-the /hilippine *ar ho have been en&a&ed in thepractice of la#-or at least ten years.

$emphasis s(pplied%


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Corollary to this is the term private practitioner and hich is in many ays synonymo(sith the ord layer. )oday, altho(&h many layers do not en&a&e in private practice, it isstill a -act that the ma7ority o- layers are private practitioners. $t this point, it mi&ht be help-(l to defneprivate practice. )he term, as commonly(nderstood, means an individ(al or or&ani#ation en&a&ed in the b(siness o- deliverin& le&alservices. $Ibi.%. "ayers ho practice alone are o-ten called sole practitioners.


23/168

or0. )he most common o- these roles are those o- corporate practice and &overnment le&alservice. $Ibi.%.

In several iss(es o- the Business Star, a b(siness daily, herein belo (oted are emer&in&trends in corporate la practice, a depart(re -rom the traditional concept o- practice o- la.

We are e8periencin& today hat tr(ly may be called a revol(tionarytrans-ormation in corporate la practice. "ayers and other pro-essional&ro(ps, in partic(lar those members participatin& in vario(s le&al3policydecisional conte8ts, are fndin& that (nderstandin& the ma7or emer&in& trendsin corporation la is indispensable to intelli&ent decision3ma0in&.

Constr(ctive ad7(stment to ma7or corporate problems o- today re(ires anacc(rate (nderstandin& o- the nat(re and implications o- the corporate laresearch -(nction accompanied by an acceleratin& rate o- in-ormationacc(m(lation. )he reco&nition o- the need -or s(ch improved corporate le&alpolicy -orm(lation, partic(larly model3ma0in& and contin&ency plannin&,

has impressed (pon (s the inade(acy o- traditional proced(res in manydecisional conte8ts.

In a comple8 le&al problem the mass o- in-ormation to be processed, thesortin& and ei&hin& o- si&nifcant conditional -actors, the appraisal o- ma7ortrends, the necessity o- estimatin& the conse(ences o- &iven co(rses o-action, and the need -or -ast decision and response in sit(ations o- ac(tedan&er have prompted the (se o- sophisticated concepts o- in-ormation Aotheory, operational analysis, a(tomatic data processin&, and electroniccomp(tin& e(ipment. =nderstandably, an improved decisional str(ct(re m(ststress the predictive component o- the policy3ma0in& process, herein a

model, o- the decisional conte8t or a se&ment thereo- is developed to testpro7ected alternative co(rses o- action in terms o- -(t(ristic eects Aoin&there-rom.

ltho(&h members o- the le&al pro-ession are re&(larly en&a&ed in predictin&and pro7ectin& the trends o- the la, the s(b7ect o- corporate fnance la hasreceived relatively little or&ani#ed and -ormali#ed attention in the philosophyo- advancin& corporate le&al ed(cation. Nonetheless, a cross3disciplinaryapproach to le&al research has become a vital necessity.

Certainly, the &eneral orientation -or prod(ctive contrib(tions by those trainedprimarily in the la can be improved thro(&h an early introd(ction to m(lti3

variable decisional conte8t and the vario(s approaches -or handlin& s(chproblems. "ayers, partic(larly ith either a masterMs or doctorate de&ree inb(siness administration or mana&ement, -(nctionin& at the le&al policy levelo- decision3ma0in& no have some appreciation -or the concepts andanalytical techni(es o- other pro-essions hich are c(rrently en&a&ed insimilar types o- comple8 decision3ma0in&.

)r(th to tell, many sit(ations involvin& corporate fnance problems o(ldre(ire the services o- an ast(te attorney beca(se o- the comple8 le&alimplications that arise -rom each and every necessary step in sec(rin& andmaintainin& the b(siness iss(e raised. $Business Star, Corporate >inance

"a, 'an. 11, 15;5, p. %.

In o(r liti&ation3prone co(ntry, a corporate layer is assid(o(sly re-erred to asthe abo&ado de campanilla. Ge is the bi&3time layer, earnin& bi& moneyand ith a clientele composed o- the tycoons and ma&nates o- b(siness andind(stry.

Despite the &roin& n(mber o- corporate layers, many people co(ld note8plain hat it is that a corporate layer does. >or one, the n(mber o-attorneys employed by a sin&le corporation ill vary ith the si#e and type o-the corporation. !any smaller and some lar&e corporations -arm o(t all their

le&al problems to private la frms. !any others have in3ho(se co(nsel only


24/168

-or certain matters. Other corporation have a sta lar&e eno(&h to handlemost le&al problems in3ho(se.

corporate layer, -or all intents and p(rposes, is a layer ho handles thele&al aairs o- a corporation. Gis areas o- concern or 7(risdiction mayincl(de, inter alia? corporate le&al research, ta8 las research, actin& o(t ascorporate secretary $in board meetin&s%, appearances in both co(rts and otherad7(dicatory a&encies $incl(din& the Sec(rities and E8chan&e Commission%,and in other capacities hich re(ire an ability to deal ith the la.

t any rate, a corporate layer may ass(me responsibilities other than thele&al aairs o- the b(siness o- the corporation he is representin&. heseinclue such matters as etermining policy an becoming involve in

management. $ Emphasis s(pplied.%

In a bi& company, -or e8ample, one may have a -eelin& o- bein& isolated -romthe action, or not (nderstandin& ho oneMs or0 act(ally fts into the or0 o-

the or&arni#ation. )his can be -r(stratin& to someone ho needs to see theres(lts o- his or0 frst hand. In short, a corporate layer is sometimes oeredthis -ort(ne to be more closely involved in the r(nnin& o- the b(siness.

!oreover, a corporate layerMs services may sometimes be en&a&ed by am(ltinational corporation $!NC%. Some lar&e !NCs provide one o- the -eopport(nities available to corporate layers to enter the international lafeld. -ter all, international la is practiced in a relatively small n(mber o-companies and la frms. *eca(se or0in& in a -orei&n co(ntry is perceivedby many as &lamoro(s, tills is an area coveted by corporate layers. In mostcases, hoever, the overseas 7obs &o to e8perienced attorneys hile the

yo(n&er attorneys do their international practice in la libraries. $BusinessStar, Corporate "a /ractice, !ay +F,155, p. %.

)his brin&s (s to the inevitable, i.e., the role o- the layer in the realm o-fnance. )o borro the lines o- Garvard3ed(cated layer *r(ce Wassertein, toit? bad layer is one ho -ails to spot problems, a &ood layer is one hoperceives the di:c(lties, and the e8cellent layer is one ho s(rmo(ntsthem. $Business Star, Corporate >inance "a, 'an. 11, 15;5, p. %.

)oday, the st(dy o- corporate la practice direly needs a shot in the arm, soto spea0. No lon&er are e tal0in& o- the traditional la teachin& method o-confnin& the s(b7ect st(dy to the Corporation Code and the Sec(rities Code

b(t an inc(rsion as ell into the intertinin& modern mana&ement iss(es.

S(ch corporate le&al mana&ement iss(es deal primarily ith three $6% types o-learnin&? $1% ac(isition o- insi&hts into c(rrent advances hich are o-partic(lar si&nifcance to the corporate co(nselB $+% an introd(ction to (sabledisciplinary s0ins applicable to a corporate co(nselMs mana&ementresponsibilitiesB and $6% a devotion to the or&ani#ation and mana&ement o-the le&al -(nction itsel-.

)hese three s(b7ect areas may be tho(&ht o- as intersectin& circles, ith ashared area lin0in& them. Otherise 0non as intersectin& mana&erial

7(rispr(dence, it -orms a (ni-yin& theme -or the corporate co(nselMs totallearnin&.

Some c(rrent advances in behavior and policy sciences aect the co(nselMsrole. >or that matter, the corporate layer revies the &lobali#ation process,incl(din& the res(ltin& strate&ic repositionin& that the frms he providesco(nsel -or are re(ired to ma0e, and the need to thin0 abo(t a corporationMsBstrate&y at m(ltiple levels. )he salience o- the nation3state is bein& red(cedas frms deal both ith &lobal m(ltinational entities and sim(ltaneo(sly iths(b3national &overnmental (nits. >irms increasin&ly collaborate not only ithp(blic entities b(t ith each other Q o-ten ith those ho are competitors in

other arenas.


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Also* the nature of the la#yer4s participation in ecision8ma"ing #ithin the

corporation is rapily changing. he moem corporate la#yer has gaine a

ne# role as a sta"eholer : in some cases participating in the organi@ation

an operations of governance through participation on boars an other

ecision8ma"ing roles. O-ten these ne patterns develop alon&side e8istin&le&al instit(tions and las are perceived as barriers. )hese trends arecomplicated as corporations or&ani#e -or &lobal operations. $ Emphasiss(pplied%

he practising la#yer of toay is familiar as #ell #ith governmental policies

to#ar the promotion an management of technology. ,e# collaborative

arrangements for promoting speci3c technologies or competitiveness more

generally re-uire approaches from inustry that i/er from oler* more

aversarial relationships an traitional forms of see"ing to inuence

governmental policies. nd there are lessons to be learned -rom otherco(ntries. In E(rope, +sprit, +ure"aand %aceare e8amples o- collaborativeeorts beteen &overnmental and b(siness 'apanMs 1IIis orld -amo(s.

$Emphasis s(pplied%

>olloin& the concept o- bo(ndary spannin&, the o:ce o- the CorporateCo(nsel comprises a distinct &ro(p ithin the mana&erial str(ct(re o- all 0indso- or&ani#ations. Eectiveness o- both lon&3term and temporary &ro(ps ithinor&ani#ations has been -o(nd to be related to indentifable -actors in the&ro(p3conte8t interaction s(ch as the &ro(ps actively revisin& their 0noled&eo- the environment coordinatin& or0 ith o(tsiders, promotin& teamachievements ithin the or&ani#ation. In &eneral, s(ch e8ternal activities arebetter predictors o- team per-ormance than internal &ro(p processes.

In a crisis situation* the legal managerial capabilities of the corporate la#yervis8a8vis the managerial mettle of corporations are challenge. C(rrentresearch is see0in& ays both to anticipate eective mana&erial proced(resand to (nderstand relationships o- fnancial liability and ins(ranceconsiderations. $Emphasis s(pplied%

Re&ardin& the s0ills to apply by the corporate co(nsel, three -actorsare apropos?

$irst System Dynamics. )he feld o- systems dynamics has been -o(nd aneective tool -or ne mana&erial thin0in& re&ardin& both plannin& andpressin& immediate problems. n (nderstandin& o- the role o- -eedbac0 loops,

inventory levels, and rates o- Ao, enable (sers to sim(late all sorts o-systematic problems Q physical, economic, mana&erial, social, andpsycholo&ical. ,e# programming techni-ues no# ma"e the system ynamics

principles more accessible to managers : incluing corporate counsels.$Emphasis s(pplied%

Secon Decision Analysis. his enables users to ma"e better ecisions

involving comple6ity an uncertainty. In the conte6t of a la# epartment* it

can be use to appraise the settlement value of litigation* ai in negotiation

settlement* an minimi@e the cost an ris" involve in managing a portfolio of

cases. $Emphasis s(pplied%

hir 1oeling for ,egotiation 1anagement. Comp(ter3based models can be(sed directly by parties and mediators in all lands o- ne&otiations. llinte&rated set o- s(ch tools provide coherent and eective ne&otiations(pport, incl(din& hands3on on instr(ction in these techni(es. sim(lationcase o- an international 7oint vent(re may be (sed to ill(strate the point.

H*e this as it may, the or&ani#ation and mana&ement o- the le&al -(nction,concern three pointed areas o- consideration, th(s?

Preventive !a#yering. /lannin& by layers re(ires special s0ills that

comprise a ma7or part o- the &eneral co(nselMs responsibilities. )hey dier-rom those o- remedial la. /reventive layerin& is concerned ith minimi#in&


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the ris0s o- le&al tro(ble and ma8imi#in& le&al ri&hts -or s(ch le&al entities atthat time hen transactional or similar -acts are bein& considered and made.

1anagerial 'urispruence. )his is the -rameor0 ithin hich are (nderta0enthose activities o- the frm to hich le&al conse(ences attach. It needs to bedirectly s(pportive o- this nationMs evolvin& economic and or&ani#ational -abricas frms chan&e to stay competitive in a &lobal, interdependent environment.)he practice and theory o- la is not ade(ate today to -acilitate therelationships needed in tryin& to ma0e a &lobal economy or0.

Organi@ation an $unctioning of the Corporate Counsel4s O>ce. )he &eneralco(nsel has emer&ed in the last decade as one o- the most vibrant s(bsets o-the le&al pro-ession. )he corporate co(nsel hear responsibility -or 0ey aspectso- the frmMs strate&ic iss(es, incl(din& str(ct(rin& its &lobal operations,mana&in& improved relationships ith an increasin&ly diversifed body o-employees, mana&in& e8panded liability e8pos(re, creatin& ne and variedinteractions ith p(blic decision3ma0ers, copin& internally ith more comple8

ma0e or by decisions.

)his hole e8ercise drives home the thesis that 0noin& corporate la is noteno(&h to ma0e one a &ood &eneral corporate co(nsel nor to &ive him a -(llsense o- ho the le&al system shapes corporate activities. nd even i- thecorporate layerMs aim is not the (nderstand all o- the laMs eects oncorporate activities, he m(st, at the very least, also &ain a or0in& 0noled&eo- the mana&ement iss(es i- only to be able to &rasp not only the basic le&alconstit(tionM or ma0e(p o- the modem corporation. Business Star, )heCorporate Co(nsel, pril 1, 1551, p. %.

)he challen&e -or layers $both o- the bar and the bench% is to have morethan a passin& 0noled&e o- fnancial la aectin& each aspect o- their or0.Ket, many o(ld admit to i&norance o- vast tracts o- the fnancial la territory.What transpires ne8t is a dilemma o- pro-essional sec(rity? Will the layeradmit i&norance and ris0 opprobri(mUB or ill he -ei&n (nderstandin& and ris0e8pos(reU $Business Star, Corporate >inance la, 'an. 11, 15;5, p. %.

Respondent Christian !onsod as nominated by /resident Cora#on C. (ino to the positiono- Chairman o- the CO!E"EC in a letter received by the Secretariat o- the Commission onppointments on pril +F, 1551. /etitioner opposed the nomination beca(se alle&edly!onsod does not possess the re(ired (alifcation o- havin& been en&a&ed in the practiceo- la -or at least ten years.

On '(ne F, 1551, the Commission on ppointments confrmed the nomination o- !onsod asChairman o- the CO!E"EC. On '(ne 1;, 1551, he too0 his oath o- o:ce. On the same day, heass(med o:ce as Chairman o- the CO!E"EC.

Challen&in& the validity o- the confrmation by the Commission on ppointments o-!onsodMs nomination, petitioner as a citi#en and ta8payer, fled the instant petition -orcertiorari and /rohibition prayin& that said confrmation and the conse(ent appointment o-!onsod as Chairman o- the Commission on Elections be declared n(ll and void.

tty. Christian !onsod is a member o- the /hilippine *ar, havin& passed the bar

e8aminations o- 152 ith a &rade o- ;23FFP. Ge has been a d(es payin& member o- theInte&rated *ar o- the /hilippines since its inception in 154+346. Ge has also been payin& hispro-essional license -ees as layer -or more than ten years. $p. 1+, Rollo%

-ter &rad(atin& -rom the Colle&e o- "a $=./.% and havin& h(rdled the bar,Atty. 1onso#or"e in the la# o>ce of his father. D(rin& his stint in the World *an0 cer of

an investment ban" an subse-uently of a business conglomerate* an since (EF* has

renere services to various companies as a legal an economic consultant or chiefe6ecutive o>cer. As former Secretary8General 5(EF7 an ,ational Chairman 5(E7 of


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,A1$%+!. 1onso4s #or" involve being "no#legeable in election la#. e appeare for

,A1$%+! in its accreitation hearings before the Comelec. In the 3el of avocacy* 1onso*

in his personal capacity an as former Co8Chairman of the Bishops Businessmen4s

Conference for uman Development* has #or"e #ith the uner privilege sectors* such as

the farmer an urban poor groups* in initiating* lobbying for an engaging in a>rmative

action for the agrarian reform la# an lately the urban lan reform bill. 1onso also mae

use of his legal "no#lege as a member of the Davie Commission* a -uast 0uicial boy*

#hich conucte numerous hearings 5(7 an as a member of the Constitutional

Commission 5(EF8(E7* an Chairman of its Committee on Accountability of Public

O>cers* for #hich he #as cite by the Presient of the Commission* 'ustice Cecilia 1uHo@8

Palma for 9innumerable amenments to reconcile government functions #ith iniviual

freeoms an public accountability an the party8list system for the ouse of

%epresentative. 5pp. (E8( %ollo7 5 +mphasis supplie7

'(st a ord abo(t the #or" of a negotiating teamo- hich tty. !onsod (sed to be amember.

In a loan a&reement, -or instance, a ne&otiatin& panel acts as a team, andhich is ade(ately constit(ted to meet the vario(s contin&encies that arised(rin& a ne&otiation. *esides top o:cials o- the *orroer concerned, thereare the le&al o:cer $s(ch as the le&al co(nsel%, the fnance mana&er, andan operations o>cer$such as an o>cial involve in negotiating the contracts%ho comprise the members o- the team. $or aside -rom per-ormin& the tas0s o- le&islative dra-tin& and le&aladvisin&, they score national development policies as 0ey -actors inmaintainin& their co(ntriesM soverei&nty. $Condensed -rom the or0 paper,entitled Wanted? Development "ayers -or Developin& Nations, s(bmittedby ". !ichael Ga&er, re&ional le&al adviser o- the =nited States &ency -orInternational Development, d(rin& the Session on "a -or the Development o-Nations at the bid7an World Con-erence in Ivory Coast, sponsored by the

World /eace )hro(&h "a Center on (&(st +2361, 1546%. $ Emphasiss(pplied%

!oan concessions an compromises* perhaps even more so than purely

renegotiation policies* eman e6pertise in the la# of contracts* in legislation

an agreement rafting an in renegotiation. Necessarily, a soverei&n layermay or0 ith an international b(siness specialist or an economist in the-orm(lation o- a model loan a&reement. Debt restr(ct(rin& contracta&reements contain s(ch a mi8t(re o- technical lan&(a&e that they sho(ld becare-(lly dra-ted and si&ned only ith the advise o- competent co(nsel incon7(nction ith the &(idance o- ade(ate technical s(pport personnel. $See

International !a# Aspects of the Philippine +6ternal Debts , an (np(blisheddissertation, =.S.).


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once said? )hey carry no banners, they beat no dr(msB b(t here they are,men learn that b(stle and b(sh are not the e(al o- (iet &eni(s and serenemastery. $See Ricardo '. Rom(lo, )he Role o- "ayers in >orei&nInvestments, Inte&rated *ar o- the /hilippine 'o(rnal, 9ol. 1F, Nos. 6 and ,)hird and >o(rth V(arters, 1544, p. +2F%.

Interprete in the light of the various e3nitions of the term Practice of la#9. particularly the

moern concept of la# practice* an ta"ing into consieration the liberal construction

intene by the framers of the Constitution* Atty. 1onso4s past #or" e6periences as a

la#yer8economist* a la#yer8manager* a la#yer8entrepreneur of inustry* a la#yer8negotiator

of contracts* an a la#yer8legislator of both the rich an the poor : verily more than satisfy

the constitutional re-uirement : that he has been engage in the practice of la# for at

least ten years.

*esides in the leadin& case o- !uego v. Civil Service Commission* 16 SCR 6+4, the Co(rtsaid?

Appointment is an essentially iscretionary po#erand m(st be per-ormed bythe o:cer in hich it is vested accordin& to his best li&hts, the only conditionbein& that the appointee sho(ld possess the (alifcations re(ired by la. I-he does, then the appointment cannot be -a(lted on the &ro(nd that there areothers better (alifed ho sho(ld have been pre-erred. his is a political-uestion involving consierations of #isom #hich only the appointing

authority can ecie. $emphasis s(pplied%

No less emphatic as the Co(rt in the case o- $Central Ban" v. Civil Service Commission, 141SCR 4% here it stated?

It is ell3settled that hen the appointee is (alifed, as in this case, and allthe other le&al re(irements are satisfed, the Commission has no alternativeb(t to attest to the appointment in accordance ith the Civil Service "a. )heCommission has no a(thority to revo0e an appointment on the &ro(nd thatanother person is more (alifed -or a partic(lar position. It also has noa(thority to direct the appointment o- a s(bstit(te o- its choice. )o do soo(ld be an encroachment on the iscretion veste upon the appointingauthority. An appointment is essentially #ithin the iscretionary po#er of

#homsoever it is veste* sub0ect to the only conition that the appointee

shoul possess the -uali3cations re-uire by la#. $ Emphasis s(pplied%

)he appointin& process in a re&(lar appointment as in the case at bar, consists o- -o(r $%

sta&es? $1% nominationB $+% confrmation by the Commission on ppointmentsB $6% iss(anceo- a commission $in the /hilippines, (pon s(bmission by the Commission on ppointments o-its certifcate o- confrmation, the /resident iss(es the permanent appointmentB and $%acceptance e.&., oath3ta0in&, postin& o- bond, etc. . . . $!acson v. %omero, No. "36;1,October 1, 155B


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a ee0 and #oul outla# say, la practice once or tice a year -or tenconsec(tive years. Clearly, this is -ar -rom the constit(tional intent.

=pon the other hand, the separate opinion o- '(stice Isa&ani Cr(# states that in my rittenopinion, I made (se o- a defnition o- la practice hich really means nothin& beca(se thedefnition says that la practice . . . is hat people ordinarily mean by the practice o- la.)r(e I cited the defnition b(t only by ay o- sarcasm as evident -rom my statement that thedefnition o- la practice by traditional areas o- la practice is essentially tautologous ordefnin& a phrase by means o- the phrase itsel- that is bein& defned.

'(stice Cr(# &oes on to say in s(bstance that since the la covers almost all sit(ations, mostindivid(als, in ma0in& (se o- the la, or in advisin& others on hat the la means, areact(ally practicin& la. In that sense, perhaps, b(t e sho(ld not lose si&ht o- the -act that!r. !onsod is a la#yer, a member of the Philippine Bar, ho has been practisin& la -or overten years. )his is dierent -rom the acts o- persons practisin& la, #ithout 3rst becomingla#yers.

'(stice Cr(# also says that the S(preme Co(rt can even dis(ali-y an elected /resident o- the/hilippines, say, on the &ro(nd that he lac0s one or more (alifcations. )his matter, I &reatlydo(bt. >or one thin&, ho can an action or petition be bro(&ht a&ainst the /residentU ndeven ass(min& that he is indeed dis(alifed, ho can the action be entertained since he isthe inc(mbent /residentU

We no proceed?

)he Commission on the basis o- evidence s(bmitted dolin& the p(blic hearin&s on !onsodMsconfrmation, implicitly determined that he possessed the necessary (alifcations asre(ired by la. )he 7(d&ment rendered by the Commission in the e8ercise o- s(ch an

ac0noled&ed poer is beyond 7(dicial inter-erence e8cept only (pon a clear shoin& o- a&rave ab(se o- discretion amo(ntin& to lac0 or e8cess o- 7(risdiction. $rt. 9III, Sec. 1Constit(tion%. )h(s, only here s(ch &rave ab(se o- discretion is clearly shon shall theCo(rt inter-ere ith the CommissionMs 7(d&ment. In the instant case, there is no occasion -orthe e8ercise o- the Co(rtMs corrective poer, since no ab(se, m(ch less a &rave ab(se o-discretion, that o(ld amo(nt to lac0 or e8cess o- 7(risdiction and o(ld arrant theiss(ance o- the rits prayed, -or has been clearly shon.

dditionally, consider the -olloin&?

$1% I- the Commission on ppointments re0ectsa nominee by the /resident,may the S(preme Co(rt reverse the Commission, and th(s ineect con3rmthe appointmentU Clearly, the anser is in the ne&ative.

$+% In the same vein, may the Co(rt re0ectthe nominee, hom theCommission has con3rmeU )he anser is li0eise clear.

$6% I- the =nited States Senate $hich is the confrmin& body in the =.S.Con&ress% decides to con3rma /residential nominee, it o(ld be incrediblethat the =.S. S(preme Co(rt o(ld still reversethe =.S. Senate.

>inally, one si&nifcant le&al ma8im is?

We m(st interpret not by the letter that 0illeth, b(t by the spirit that &ivethli-e.

)a0e this hypothetical case o- Samson and Delilah. Once, the proc(rator o- '(dea as0edDelilah $ho as SamsonMs beloved% -or help in capt(rin& Samson. Delilah a&reed oncondition that Q

No blade shall to(ch his s0inB

No blood shall Ao -rom his veins.

When Samson $his lon& hair c(t by Delilah% as capt(red, the proc(rator placed an iron rodb(rnin& hite3hot to or three inches aay -rom in -ront o- SamsonMs eyes. )his blinded the


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man. =pon hearin& o- hat had happened to her beloved, Delilah as beside hersel- ithan&er, and -(min& ith ri&hteo(s -(ry, acc(sed the proc(rator o- rene&in& on his ord. )heproc(rator calmly replied? Did any blade to(ch his s0inU Did any blood Ao -rom his veinsU)he proc(rator as clearly relyin& on the letter, not the spirit o- the a&reement.

In vie o- the -ore&oin&, this petition is hereby DIS!ISSED.

SO ORDERED.

$ernan* C.'.* GriHo8A-uino an 1eialea* ''.* concur.

$eliciano* '.* I certify that he vote to ismiss the petition. 5$ernan* C.'.7

Sarmiento* '.* is on leave.

%egalao* an Davie* 'r.* '.* too" no part.

'ep*r*e Opi)io)

NAR>A'A,J., conc(rrin&?

I conc(r ith the decision o- the ma7ority ritten by !r. '(stice /aras, albeit only in theres(ltB it does not appear to me that there has been an ade(ate shoin& that thechallen&ed determination by the Commission on ppointments3that the appointment o-respondent !onsod as Chairman o- the Commission on Elections sho(ld, on the basis o- hisstated (alifcations and a-ter d(e assessment thereo-, be confrmed3as attended by errorso &ross as to amo(nt to &rave ab(se o- discretion and conse(ently merits n(llifcation bythis Co(rt in accordance ith the second para&raph o- Section 1, rticle 9III o- the

Constit(tion. I there-ore vote to DENK the petition.

PA%I!!A,J., dissentin&?

)he records o- this case ill sho that hen the Co(rt frst deliberated on the /etition at bar,I voted not only to re(ire the respondents to comment on the /etition, b(t I as the solevote -or the iss(ance o- a temporary restrainin& order to en7oin respondent !onsod -romass(min& the position o- CO!E"EC Chairman, hile the Co(rt deliberated on hisconstit(tional (alifcation -or the o:ce. !y p(rpose in votin& -or a )RO as to prevent theinconvenience and even embarrassment to all parties concerned ere the Co(rt to fnallydecide -or respondent !onsodMs dis(alifcation. !oreover, a readin& o- the /etition then in

relation to established 7(rispr(dence already shoedprima facie

that respondent !onsoddid not possess the needed (alifcation, that is, he had not en&a&ed in the practice o- la-or at least ten $1% years prior to his appointment as CO!E"EC Chairman.

-ter considerin& care-(lly respondent !onsodMs comment, I am even more convinced thatthe constit(tional re(irement o- practice of la# for at least ten 5(7 years has not beenmet.

)he proced(ral barriers interposed by respondents deserve scant consideration beca(se,(ltimately, the core iss(e to be resolved in this petition is the proper constr(al o- theconstit(tional provision re(irin& a ma7ority o- the membership o- CO!E"EC, incl(din& theChairman thereo- to have been en&a&ed in the practice o- la -or at least ten $1% years.

$rt. I$C%, Section 1$1%, 15;4 Constit(tion%. V(estions involvin& the constr(ction o-constit(tional provisions are best le-t to 7(dicial resol(tion. s declared inAngara v. +lectoralCommission, $26 /hil. 165% (pon the 7(dicial department is thron the solemn andinescapable obli&ation o- interpretin& the Constit(tion and defnin& constit(tionalbo(ndaries.

)he Constit(tion has imposed clear and specifc standards -or a CO!E"EC Chairman. mon&these are that he m(st have been en&a&ed in the practice o- la -or at least ten $1%years. It is the bo(nden d(ty o- this Co(rt to ens(re that s(ch standard is met and compliedith.

What constit(tes practice o- laU s commonly (nderstood, practice re-ers to the actualperformance or applicationo- 0noled&e as distin&(ished -rom mere possession of


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"no#legeB it connotes an active, habitual,repeateor customary action. 1

)o practice la,or any pro-ession -or that matter, means, to e8ercise or p(rs(e an employment orpro-ession actively* habitually* repeatelyor customarily.

)here-ore, a doctor o- medicine ho is employed and is habit(ally per-ormin& the tas0s o- an(rsin& aide, cannot be said to be in the practice o- medicine. certifed p(blic acco(ntantho or0s as a cler0, cannot be said to practice his pro-ession as an acco(ntant. In thesame ay, a layer ho is employed as a b(siness e8ec(tive or a corporate mana&er, otherthan as head or attorney o- a "e&al Department o- a corporation or a &overnmental a&ency,cannot be said to be in the practice o- la.

s aptly held by this Co(rt in the case o- People vs. 2illanueva? 2

Practice is more than an isolate appearance for it consists in fre-uent or

customary actions* a succession of acts of the same "in . In other ords, it is-re(ent habit(al e8ercise $State vs3 Cotner, 1+4, p. 1, ;4 an. ;2, + "R,!.S. 42;%. /ractice o- la to -all ithin the prohibition o- stat(te has been

interpreted as c(stomarily or habit(ally holdin& oneMs sel- o(t to the p(blic asa layer and demandin& payment -or s(ch services $State vs. *ryan, S.E.F++, 5; N.C. 2,24.% ... $emphasis s(pplied%.

It is orth mentionin& that the respondent Commission on ppointments in a !emorand(mit prepared, en(merated several -actors determinative o- hether a partic(lar activityconstit(tes practice o- la. It states?

1. abituality. )he term practice o- la implies c(stomarily or habit(allyholdin& oneMs sel- o(t to the p(blic as a layer $/eople vs. 9illan(eva, 1 SCR15 citin& State v. *oyen, S.E. F++, 5; N.C. 2% s(ch as hen one sends a

circ(lar anno(ncin& the establishment o- a la o:ce -or the &eneral practiceo- la $=.S. v. Ney *os(e, ; /hil. 12%, or hen one ta0es the oath o- o:ceas a layer be-ore a notary p(blic, and fles a mani-estation ith the S(premeCo(rt in-ormin& it o- his intention to practice la in all co(rts in the co(ntry$/eople v. De "(na, 1+ /hil. 52;%.

/ractice is more than an isolated appearance -or it consists in -re(ent orc(stomary action, a s(ccession o- acts o- the same 0ind. In other ords, it is ahabit(al e8ercise $/eople v. 9illan(eva, 1 SCR 15 citin& State v. Cotner,1+4, p. 1, ;4 an, ;2%.

+. Compensation. /ractice o- la implies that one m(st have presentedhimsel- to be in the active and contin(ed practice o- the le&al pro-ession andthat his pro-essional services are available to the p(blic -or compensation, asa service o- his livelihood or in consideration o- his said services. $/eople v.9illan(eva, s(pra%. Gence, char&in& -or services s(ch as preparation o-doc(ments involvin& the (se o- le&al 0noled&e and s0ill is ithin the termpractice o- la $Ernani /aXo, *ar Revieer in "e&al and '(dicial Ethics, 15;;ed., p. ; citin& /eople v. /eopleMs Stoc0yards State *an0, 142 N.*. 51% and,one ho renders an opinion as to the proper interpretation o- a stat(te, andreceives pay -or it, is to that e8tent, practicin& la $!artin, supra, p. ;2 citin&!endela(n v. itchette et al., v. rth(r C.)aylor, 53".R. 6F236F5%

6.Application of la# legal principle practice or proceurehich calls -or le&al0noled&e, trainin& and e8perience is ithin the term practice o- la.$!artin supra%

. Attorney8client relationship. En&a&in& in the practice o- la pres(pposesthe e8istence o- layer3client relationship. Gence, here a layer (nderta0esan activity hich re(ires 0noled&e o- la b(t involves no attorney3clientrelationship, s(ch as teachin& la or ritin& la boo0s or articles, he cannot

be said to be en&a&ed in the practice o- his pro-ession or a layer $&palo,"e&al Ethics, 15;5 ed., p. 6%. 3


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)he above3en(merated -actors o(ld, I believe, be (se-(l aids in determinin& hether or notrespondent !onsod meets the constit(tional (alifcation o- practice o- la -or at least ten$1% years at the time o- his appointment as CO!E"EC Chairman.

)he -olloin& relevant (estions may be as0ed?

1. Did respondent !onsod per-orm any o- the tas0s hich are pec(liar to the practice o- laU

+. Did respondent per-orm s(ch tas0s c(stomarily or habit(allyU

6. ss(min& that he per-ormed any o- s(ch tas0s habit(ally, did he do so G*I)=""K >OR) "ES) )EN $1% KERS prior to his appointment as CO!E"EC ChairmanU


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Comin& no to the (alifcations o- the private respondent, I -ear that theponenciamayhave been too seepin& in its defnition o- the phrase practice o- la as to render the(alifcation practically toothless. >rom the n(mero(s activities accepted as embraced in theterm, I have the (ncom-ortable -eelin& that one does not even have to be a layer to been&a&ed in the practice o- la as lon& as his activities involve the application o- some la,hoever peripherally. )he stoc0 bro0er and the ins(rance ad7(ster and the realtor co(ldcome (nder the defnition as they deal ith or &ive advice on matters that are li0ely tobecome involved in liti&ation.

)he layer is considered en&a&ed in the practice o- la even i- his main occ(pation isanother b(siness and he interprets and applies some la only as an incident o- s(chb(siness. )hat covers every company or&ani#ed (nder the Corporation Code and re&(latedby the SEC (nder /.D. 5+3. Considerin& the ramifcations o- the modern society, there ishardly any activity that is not aected by some la or &overnment re&(lation theb(sinessman m(st 0no abo(t and observe. In -act, a&ain &oin& by the defnition, a layerdoes not even have to be part o- a b(siness concern to be considered a practitioner. Ge canbe so deemed hen, on his on, he rents a ho(se or b(ys a car or cons(lts a doctor as

these acts involve his 0noled&e and application o- the las re&(latin& s(ch transactions. I-he operates a p(blic (tility vehicle as his main so(rce o- livelihood, he o(ld still be deemeden&a&ed in the practice o- la beca(se he m(st obey the /(blic Service ct and the r(lesand re&(lations o- the Ener&y Re&(latory *oard.

)heponencia(otes an merican decision defnin& the practice o- la as the per-ormanceo- any acts ... in or o(t o- co(rt, commonly (nderstood to be the practice o- la, hich tells(s absol(tely nothin&. )he decision &oes on to say that beca(se layers per-orm almostevery -(nction 0non in the commercial and &overnmental realm, s(ch a defnition o(ldobvio(sly be too &lobal to be or0able.

)he eect o- the defnition &iven in theponenciais to consider virt(ally every layer to been&a&ed in the practice o- la even i- he does not earn his livin&, or at least part o- it, as alayer. It is eno(&h that his activities are incidentally $even i- only remotely% connected ithsome la, ordinance, or re&(lation. )he possible e8ception is the layer hose income isderived -rom teachin& ballroom dancin& or escortin& rin0led ladies ith p(bescentpretensions.

)he respondentMs credentials are impressive, to be s(re, b(t they do not pers(ade me thathe has been en&a&ed in the practice o- la -or ten years as re(ired by the Constit(tion. It isconceded that he has been en&a&ed in b(siness and fnance, in hich areas he hasdistin&(ished himsel-, b(t as an e8ec(tive and economist and not as a practicin& layer. )heplain -act is that he has occ(pied the vario(s positions listed in his res(me by virt(e o- his

e8perience and presti&e as a b(sinessman and not as an attorney3at3la hose principalattention is -oc(sed on the la. Even i- it be ar&(ed that he as actin& as a layer hen helobbied in Con&ress -or a&rarian and (rban re-orm, served in the N!>RE" and theConstit(tional Commission

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CONSOLIDATED CASES BLE 1